[Adopted 12-27-1993 by Ord. No. 254 (Ch.
26, Part 2, of the 1993 Code)]
The purpose of this article is to protect and
preserve the surface water supply in Upper Pottsgrove Township.
No person or other entity shall withdraw more
than 25 gallons of water per day from the surface water within Upper
Pottsgrove Township by use of a pump or other mechanical means without
a permit issued in accordance with this article and the rules and
regulations promulgated hereunder.
As used in this article, the following terms
shall have the meanings indicated:
Any lake, pond, river, stream or creek located in Upper Pottsgrove
Township.
Upper Pottsgrove Township, Montgomery County, Pennsylvania.
A.
Written application shall be made to the Township
on forms supplied by it. The application shall indicate:
(1)
The location of surface water;
(2)
The name and address of person or other entity making
withdrawal;
(3)
The estimated volume of water to be withdrawn;
(4)
The intended use of water (residential, commercial
or industrial);
(5)
The estimated number of persons to be served thereby;
and
(6)
Such other information as the Township may require.
B.
No permit shall be issued unless applicant satisfactorily
demonstrates that:
(1)
The proposed withdrawal, in conjunction with other
existing withdrawals in the Township, will not have any adverse effect
upon the surface water from which it is withdrawn by substantially
lowering the volume of water or otherwise.
(2)
The proposed withdrawal will not significantly impair
or reduce the flow of streams in the Upper Pottsgrove Township area.
Fees required pursuant to this article shall
be fixed from time to time by resolution of the Board of Commissioners
of Upper Pottsgrove Township.
Any person or entity violating any provision
of this article shall be liable for a fine or penalty not to exceed
$600, which fine or penalty may be collected by suit brought in the
name of the Township before any District Justice in like manner as
debts of like amount may be sued for by existing laws. Each day such
violation continues shall constitute a separate offense.
The Board of Commissioners of Upper Pottsgrove
Township may promulgate rules and regulations to implement this article.
